(a) Hearings held in connection with denials of recertification and revocation of certification shall be conducted in accordance with the procedures set forth in this section.
(b) Upon receipt of a request for a hearing, the Community Relations Board shall set a date for the hearing and shall give the party requesting the hearing at least thirty days written notice of the date and time set for the hearing. The MBE or joint venture may waive its right to a full thirty days notice of the hearing by stating that such right is waived in the request for a hearing. If the right to thirty days notice is waived, the Board shall inform the MBE or joint venture of the hearing date and time at least ten days prior to the hearing.
(c) The Board has the authority to request the attendance of persons and the production of documents.
(d) MBE's shall have the right to be represented by counsel, present evidence and witnesses and cross-examine adverse witnesses.
(e) All hearings shall be open to the public.
(f) An electronic recording of the hearing shall be made which shall be a part of the official record of the proceedings. A copy of the recording shall be made available to the MBE, at cost, upon request.
(g) All testimony shall be given under oath or affirmation.
(h) Any person may be excluded from the hearing for conduct which interferes with the hearing process.
(i) The rules of evidence shall not strictly apply. However, the Board shall have the authority to exclude irrelevant or repetitive evidence or testimony.
(j) The official record of the hearing shall consist of the notice of the hearing, the written submissions of the MBE/joint venture, if any, the report of the Office of Equal Opportunity staff upon which the charges or denial is based, briefs and proposed findings and conclusions filed by the parties, exceptions to proposed findings and conclusions and the electronic recording of the hearing.
(k) The Board's final decision shall be based upon the record of the hearing, and a decision to revoke the certification of an MBE must be supported by a preponderance of the evidence.
(l) The final decision of the Board shall be issued, in writing, within thirty days of the date on which the charges were adopted or a notice of denial of recertification was issued by the OEO.
(m) The official record of the proceedings and actions of the Board shall be maintained by the OEO.
(Ord. 83-75. Passed 4-4-83.)